MINISTRY OF ECONOMY Guidelines for the Regulation Impact Assessment
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The obligation of preparing RIA to draft law was introduced to
Ordinance No. 49 of the Council of Ministers, dated March 19, 2002 –
Rules of Procedures of Council of Ministers. RIA is part of the process
of developing, consulting, agreeing, and examining the proposed
normative laws to be adopted by the Council of Ministers. According to
§9 the proposing organ, before designing the draft normative act,
evaluates the expected consequences of the regulation and the RIA
results are part of the substantiation of the normative acts.
Also, the ordinance of the Chairman of the Council of Ministers, dated
June 20, 2002, on the Principles of the legislative technique (Journal of
Laws, No. 100 item 908) stresses the necessity to make an in-depth
analysis of the social and economic situation before making the decision
to start a legislative process.
According to Law on Council of Ministers, dated on 8 April 1996
Chancelary of President of the Council of Ministers is responsible for
co-ordination and preparing assessment of social and economic impacts
for proposal that may significant long-term effect.
The scope of RIA is in each case determined with respect to the
proportionality principle. In each case the subject and the scale of
problem should be taken into consideration. RIA should be prepared not
only for Laws but also for regulatons, with exeption to the budget law.
In-depth RIA will be carried for only a few proposals, e.g. for proposals
that may have significant impact on economy, business,
competetiveness and may generate high costs or for proposals that are
very importamt fos society. It is recommended to made an quality
assessement (impact/ no impact) in order to describe the scale of
impacts. The decision wether the in-depth analyses are needed will be
taken by particular ministry.
The minimum RIA criteria are included in §10 of Rules of Procedures
of the Council of Ministers. The systhesis of RIA results should be
presented, as a separate part, in a Memorandum to the draft law and
should include:
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Identification of affected groups,
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Results of consultations,
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Results of impact analyses on public finance, including state budget
and local authorities’ budget, labour market, competetiveness,
enterpreneurship, regional development,
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Indication of financing sources, especially when there may be
significant costs for state budget and for local authorities’ budget.
Conducting RIA one should not forget about objectivity principle. RIA
should not be influenced only by one group. The rule is fulfilled through
economic cost- benefits analyses.
While preparing RIA also transparency principle should be taken into
account. Consultation procedure should be carried and it’s resultr shoud
be presented. Consultations improves the transparency of the process
and assure ownership of taken actions. Acording to article 7 point 4 of
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